Full Bench of Patna High Court held that pre-arrest bail under Section 438 Cr.P.C. is not maintainable in cases involving offences under the Bihar Prohibition and Excise Act, 2016, due to the statutory bar in Section 76(2).
Application for grant of pre-arrest bail dismissed as not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12698 of 2020
Arising Out of PS. Case No.-767 Year-2019 Thana- KUDHNI District- Muzaffarpur
... ... Petitioner/s
Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Sinha For the Opposite Party/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 11-06-2020
Heard learned counsel for the petitioners and learned counsel for the State via video conferencing.
Patna High Court CR. MISC. No.12698 of 2020(2) dt.11-06-2020 2/4
intoxicants in the territory of the State of Bihar and for matters connected therewith or incidental thereto.
“76. Offences to be Cognizable and Non-Bailable. - (1) All offences under this Act shall be Cognizable and NonBailable and provisions of Code of Criminal Procedure, 1973 (Act 2 of 1974) shall apply. (2) Notwithstanding anything mentioned in sub- section (1) above, nothing in Section 360 of Code of Criminal Procedure, 1973 (Act 2 of 1974), Section 438 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) and
Patna High Court CR. MISC. No.12698 of 2020(2) dt.11-06-2020 3/4
Probation of Offenders Act 1958 (20 of 1958) shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act."
Patna High Court CR. MISC. No.12698 of 2020(2) dt.11-06-2020 4/4
bail is not maintainable.
maintainable.
(Ashwani Kumar Singh, J)
rohit/-
U T
2 issues framed by the court
Whether an application for grant of pre-arrest bail under Section 438 Cr.P.C. is maintainable when Section 76(2) of the Bihar Prohibition and Excise Act, 2016 bars such provisions.
Whether the statutory bar under Section 76(2) of the Act of 2016 precludes maintainability of pre-arrest bail applications involving offences under Section 30(a) of the Act.
Colour shows how this judgement treated each authority
Ram Vinay Yadav vs. The State of BiharExplained¶7
[(2019) 2 PLJR 1089]
3 provisions across 2 enactments
SAJJAN SAH
Naresh Sah
Ashok Sah
The State Of Bihar
ASHWANI KUMAR SINGH
As recorded by the court registry
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